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The Core International Human Rights Treaties

Author:

Publisher:

Published: 2014

Total Pages: 344

ISBN-13:

This publication reproduces the Universal Declaration of Human Rights, and the nine core international human rights treaties and their optional protocols in a user-friendly format to make them more accessible, in particular to government officials, civil society, human rights defenders, legal practitioners, scholars, individual citizens and others with an interest in human rights norms and standards.

The Impact of the United Nations Human Rights Treaties on the Domestic Level

Author: Christof Heyns

Publisher: BRILL

Published: 2021-08-04

Total Pages: 656

ISBN-13: 9004480889

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The six main United Nations human rights treaties enjoy almost universal ratification today. Almost 80 per cent of the possible ratifications have been made, and every Member State of the UN has ratified at least one of these treaties. The nearly universal acceptance of the treaties on the formal level, however, does not automatically translate into the norms contained in these documents being made a reality in the lives of the billions of people living in these countries. The treaty system is notoriously weak in terms of international enforcement, and there is a general suspicion that it has had little impact at the domestic level. Mechanisms to improve the international enforcement mechanisms of the six main treaties have been a topic of discussion and research for many years, but the domestic impact of the treaties has never been investigated in a systematic and comprehensive manner. This book constitutes the most ambitious attempt so far to establish the impact of the treaties at the domestic level. The following treaties in 20 United Nations Member States are investigated: the Convention on the Elimination of All Forms of Racial Discrimination, the Covenant on Economic, Social, and Cultural Rights, the Covenant on Civil and Political Rights, the Convention on the Elimination of All Forms of Discrimination Against Women, the Convention Against Torture, and the Convention on the Rights of the Child. This book reflects the findings of 20 researchers, based in the countries investigated, under the leadership of Professors Christof Heyns and Frans Viljoen of the Centre for Human Rights, University of Pretoria, in a study done in co-operation with the United Nations High Commissioner for Human Rights. The influence of the treaties in each of the 20 countries is investigated in respect of its influence on the continuation, legislation, court cases, policies and practices, and the impact of the treaty system in civil society. In an overview chapter by the study leaders based on a comparison of the available data, common trends and patterns are identified, and recommendations about reforms on the national and international level are made. This is a book that should be read by all those interested in the development of the international human rights system.

The UN Human Rights Treaty System

Author: Suzanne Egan

Publisher: Bloomsbury Professional

Published: 2011-07-31

Total Pages: 550

ISBN-13: 9781847661098

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The UN Human Rights Treaty System: Law and Procedure examines the core UN human rights treaties that form the framework of international human rights law. This book describes the development of each treaty, along with the substantive rights enshrined in them, and analyses the nature and functions of their respective monitoring bodies. Topics discussed include periodic reporting procedures, investigative procedures and individual complaint procedures, with supporting case law analysed in great detail. This practical and indispensable reference resource: - Guides you through the structure of each of the core UN human rights treaties, explaining both the substance of the rights and the various procedures which may be drawn upon to implement those rights - Explains in detail how each of these procedures may be accessed, as well as critiquing their operation in practice - Covers a wide number of areas including civil and political rights generally, racial and gender-based discrimination and the prohibition against torture - Discusses proposals for reform of the UN human rights treaty monitoring system and the implications of these reforms The UN Human Rights Treaty System: Law and Procedure has been written for practitioners and students of human rights law in the UK, Ireland and abroad. Government bodies, non-governmental organisations, national human rights institutions and charities will also find this a great resource.

Extraterritorial Application of Human Rights Treaties

Author: Marko Milanovic

Publisher: OUP Oxford

Published: 2013-03-28

Total Pages: 301

ISBN-13: 0191504807

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Questions as to when a state owes obligations under a human rights treaty towards an individual located outside its territory are being brought more and more frequently before both international and domestic courts. Victims of aerial bombardment, inhabitants of territories under military occupation, deposed dictators, suspected terrorists detained in Guantanamo by the United States, and the family of a former KGB spy who was assassinated in London through the use of a radioactive toxin, allegedly at the orders or with the collusion of the Russian government - all of these people have claimed protection from human rights law against a state affecting their lives while acting outside its territory. These matters are extremely politically and legally sensitive, leading to much confusion, ambiguity and compromise in the existing case law. This study attempts to clear up some of this confusion, and expose its real roots. It examines the notion of state jurisdiction in human rights treaties, and places it within the framework of international law. It is not limited to an inquiry into the semantic, ordinary meaning of the jurisdiction clauses in human rights treaties, nor even to their construction into workable legal concepts and rules. Rather, the interpretation of these treaties cannot be complete without examining their object and purpose, and the various policy considerations which influence states in their behaviour, and courts in their decision-making. The book thus exposes the tension between universality and effectiveness, which is itself the cause of methodological and conceptual inconsistency in the case law. Finally, the work elaborates on the several possible models of the treaties' extraterritorial application. It offers not only a critical analysis of the existing case law, but explains the various options that are before courts and states in addressing these issues, as well as their policy implications.

Reservations to Human Rights Treaties and the Vienna Convention Regime

Author: Ineta Ziemele

Publisher: Springer

Published: 2013-11-09

Total Pages: 334

ISBN-13: 9401760195

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There has always been some discomfort about reservations in relation to international obligations of States applicable to individuals. This apprehension was once again brought to the forefront of the international normative process with General Comment No. 24 of the Human Rights Committee and the work of the International Law Commission on reservations to treaties. This book is a contribution to the debate on reservations to human rights treaties. Several key questions are addressed. Can the reservations' regime, as codified in the 1969 Vienna Convention on the Law of Treaties, adequately address human rights relationships? Is there a danger of further fragmentation of international law if human rights treaties were to be treated differently as concerns the reservations'regime applicable to these treaties? Should the distinction be made between the validity of a reservation and the effects of a reservation found to be invalid? These and other questions continue to generate a variety of answers.

The Extraterritorial Application of Selected Human Rights Treaties

Author: Karen da Costa

Publisher: Martinus Nijhoff Publishers

Published: 2012-10-12

Total Pages: 334

ISBN-13: 9004227180

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In recent years, the question of whether and to what extent states are bound by human rights treaty obligations when they act abroad has given rise to considerable debate in academic circles, courtrooms and military operations. Focusing on treaties considerably jeopardized during the ‘war on terror’, namely the International Covenant on Civil and Political Rights, the European Convention on Human Rights and the Convention against Torture,The Extraterritorial Application of Selected Human Rights Treaties takes stock of the key developments informing the discussion to date. Together with the wording of treaties, critical analysis is made of the ensuing interpretation of treaty provisions by monitoring bodies and states parties. A way forward in this debate is suggested, accommodating conflicting interests while preserving the effective protection of basic rights.

Contentious Compliance

Author: Courtenay R. Conrad

Publisher: Oxford University Press, USA

Published: 2019

Total Pages: 283

ISBN-13: 0190910976

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Do international human rights treaties constrain governments from repressing their populations and violating rights? In Contentious Compliance, Courtenay R. Conrad and Emily Hencken Ritter present a new theory of human rights treaty effects founded on the idea that governments repress as part of a domestic conflict with potential or actual dissidents. By introducing dissent like peaceful protests, strikes, boycotts, or direct violent attacks on government, their theory improves understanding of when states will violate rights-and when international laws will work to protect people. Conrad and Ritter investigate the effect of international human rights treaties on domestic conflict and ultimately find that treaties improve human rights outcomes by altering the structure of conflict between political authorities and potential dissidents. A powerful, careful, and empirically sophisticated rejoinder to the critics of international human rights law, Contentious Compliance offers new insights and analyses that will reshape our thinking on law and political violence.

The New Core International Human Rights Treaties

Author: United Nations. Office of the High Commissioner for Human Rights

Publisher: United Nations Publications

Published: 2007

Total Pages: 78

ISBN-13:

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This publication contains the text of the following recent human rights treaties in a user-friendly format: the Convention on the Rights of Persons with Disabilities and its Optional Protocol; and the International Convention for the Protection of all Persons from Enforced Disappearance. It complements the Core International Human Rights Treaties (2006, ISBN 9789211541663) also published by the Office of the United Nations High Commissioner for Human Rights.

Insincere Commitments

Author: Heather Smith-Cannoy

Publisher: Georgetown University Press

Published: 2012-05-03

Total Pages: 222

ISBN-13: 1589018877

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Paradoxically, many governments that persistently violate human rights have also ratified international human rights treaties that empower their citizens to file grievances against them at the United Nations. Therefore, citizens in rights-repressing regimes find themselves with the potentially invaluable opportunity to challenge their government's abuses. Why would rights-violating governments ratify these treaties and thus afford their citizens this right? Can the mechanisms provided in these treaties actually help promote positive changes in human rights? Insincere Commitments uses both quantitative and qualitative analysis to examine the factors contributing to commitment and compliance among post-Soviet states such as Slovakia, Hungary, Kyrgyzstan, and Tajikistan. Heather Smith-Cannoy argues that governments ratify these treaties insincerely in response to domestic economic pressures. Signing the treaties is a way to at least temporarily keep critics of their human rights record at bay while they secure international economic assistance or more favorable trade terms. However, she finds that through the specific protocols in the treaties that grant individuals the right to petition the UN, even the most insincere state commitments to human rights can give previously powerless individuals -- and the nongovernmental and intergovernmental organizations that partner with them -- an important opportunity that they would otherwise not have to challenge patterns of government repression on the global stage. This insightful book will be of interest to human rights scholars, students, and practitioners, as well as anyone interested in the UN, international relations, treaties, and governance.